Ancient Order of the Pyramids v. Drake

The opinion of the court was delivered by

Mason, J. :

On February 28, 1898, the Ancient Order of the Pyramids, a fraternal insurance association, issued a beneficiary certificate to Elmer F. Drake by the terms of which, among other things, it agreed that in the event of his death it would, upon certain conditions, pay $2000 to Susie Drake and O. E. Morgan. Drake died July 23, 1898. The beneficiaries named in the certificate brought an action against the association on it, and upon a jury trial recovered a judgment for $2000 and interest, to reverse which the defendant brings this proceeding in…